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Home My WebLink About2013-10-15 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting October 15, 2013 A meeting of the Fayetteville City Council will be held on October 15, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the October 01, 2013 City Council meeting minutes. APPROVED 2. Bid #13-52 Time Striping, Inc.: A resolution awarding Bid #13-52 and authorizing the purchase from Time Striping, Inc. of thermal striping, in variable amounts, for the Transportation Division as needed through the end of calendar year 2014. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the total amount of $269,000.00 to provide funding for solid waste hauling and disposal fees. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-13 B. Unfinished Business: 1. Amend §164.11 Height and Setback Regulations; Exceptions: An ordinance to Amend §164.11 Height and Setback Regulations; Exceptions to enhance livability through appropriate transitions in building scale and to protect access to air and sunlight and to enact an emergency clause. This ordinance was left on the First Reading at the September 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the October 01, 2013 City Council meeting. THIS ORDINANCE WAS TABLED TO THE NOVEMBER 5, 2013 CITY COUNCIL MEETING AND SENT TO THE PLANNING COMMISSION FOR REVIEW 2. PPL 13-4404 (Persimmon Street Master Street Plan Right-of-Way/Legacy IV Subdivision): A resolution to approve the dedication of 70 feet of right of way for Persimmon Street along most of the owner's property as recommended by the Planning Commission. This resolution was tabled at the October 1, 2013 City Council meeting to the October 15, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-13 3. RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go): An ordinance rezoning that property described in rezoning petition RZN 13-4467, for approximately 1.65 acres located at the northwest corner of Mount Comfort Road and Shiloh Drive from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre, to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the October 01, 2013 City Council meeting. THIS ORDINANCE WAS LEFT ON THE SECOND READING C. New Business: 1. VAC 13-4478 (Twin Creeks Village Lot 19114): An ordinance approving VAC 13- 4478 submitted by McClelland Engineering Consulting for property located at 163 Van Asche Loop, to vacate a portion of a drainage easement, a total of 0.03 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5622 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 2. ADM 13-4487 (Links at Fayetteville PZD Modification #3): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to revise the zoning criteria for Planning Area One, to include Use Unit 18, Gasoline Service Stations and Drive-in/Drive Through Restaurants, as a permitted use, and to revise the architectural design standards at the northeast corner of Wedington Drive and Golf Club Drive. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5623 3. Dickson Street Crossing Safety Improvements: A resolution expressing the intent of the City of Fayetteville to enter into a cost-share agreement with Arkansas & Missouri Railroad Co. for crossing safety improvements at the Dickson Street Railroad Crossing, contingent upon approval by Arkansas & Missouri Railroad Co. of Amendment No. 1 to the 2008 trail license agreement and not unreasonably withholding assent to future trail easements for the City. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-13 4. Fayetteville Energy Improvement District: An ordinance creating a Property Assessed Energy Improvement District coextensive with the City of Fayetteville named "Energy Improvement District No. 1" to facilitate a PACE program and adopting certain provisions related thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5624 5. Amend Chapter §71.052 "U" Turns: An ordinance to repeal §71.052 "U" Turns and to enact a new §71.052 "U" Turns into the Fayetteville Code to permit"U" Turns on streets with medians. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5625 6. Amend Chapter 115 Pawnbrokers: An ordinance amending Chapter 115: Pawnbrokers of the Code of Fayetteville, renaming it to Chapter 115: Pawnbrokers and Secondhand Dealers, requiring licensure of secondhand dealers and requiring electronic reporting of certain items purchased by secondhand dealers. THIS ORDINANCE WAS LEFT ON THE FIRST READING 7. Boston Mountain Solid Waste District: An ordinance waiving the requirements of formal competitive bidding and approving a contract with the Boston Mountain Solid Waste District in the amount of$25,000.00 for an environmental and recycling education program. THIS ORDINANCE WAS LEFT ON THE SECOND READING 8. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council A. City Council meetings 7. Presentation of Agenda Items by adding a new subsection a. Agenda items not included within the Tentative Agenda packet. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 D. City Council Agenda Session Presentations: E. City Council Tour: 1. December 2, 2103 —4:00 PM—Mt. Kessler F. Announcements: Adjournment: 8:35 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: October 15,2013 Adjourn: �' I pm Subject: Roll Schoppmeyer Adams nl Long c2xa Gray Marsh Kinion Petty Tennant �Sewt Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 15,2013 Subject: Consent Motion To: LiLZ P Motion By: Seconded: K Schoppmeyer ✓ Adams ✓ rut anvt rav4 Long Gray ✓ Marsh ✓ Kinion ✓ Petty ✓ ahc,�2 Tennant Mayor Jordan -7-0 Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 15,2013 Subject: Amend §164.11 Height and Setback Regulations; Exceptions !� Motion To: "°'-Vf"` RtAJ MM®..-3rd M rd R" Motion By: dq,� Seconded: B. 1 Schoppmeyer Al ✓ ✓ Unfinished Adams /V r/ Business Long / w", ✓ Gray / /V ✓ Marsh ✓ ✓ ,/ ,/ d � Kinion ,/ ✓ ✓ ✓ �3Q Petty ✓ c� ,/ Tennant Mayor Jordan Lo y -s -0 7 -v Subject: PPL 13-4404 (Persimmon Street Master Street Plan Right-of-Way/Legacy IV Subdivision) Motion To: v41�6 t Motion By: Seconded: B. 2 Schoppmeyer ✓ .00� Unfinished Adams ✓ �✓ Business Long Gray Marsh Kinion Petty Tennant !S Mayor Jordan 7-0 7.0 City Council Meeting: n October 15,2013 Subject: /7 /�/ /� Gi �J�c% o. tow. ' Motion To: A -&u4 4p P 6laAni �j Com Motion By: Seconded: S Schoppmeyer Adams l/ Long Al Gray �y f Marsh "J ¢ � Kinion Yhet Ed Na Petty ✓ TennanUsetk— t lRrlir Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 15,2013 Subject: RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go) Motion To: AAd t,oJ Motion By: " Ok- Seconded: B. 3 Schoppmeyer Unfinished Adams Business Long Gray , � D . Marsh t� "i .�� Ad Kinion tI?. ,; Petty psi �� Tennant ( y Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: October 15,2013 Subject: VAC 13-4478 (Twin Creeks Village Lot 19B4) Motion To: S Motion By: `�'til a`Ost Seconded: ��.� (, C. 1 Schoppmeyer ✓ New Adams Business Long ✓ Gray W100 Marsh pal&a Kinion Petty " ✓ ✓L Tennant �S5 Q�SP,s Mayor Jordan 6 -0 7-D Subject: ADM 13-4487 (Links at Fayetteville PZD Modification #3) Motion To: TI A alxh Motion By: Seconded: � C. 2 Schoppmeyer ✓ New Adams r/ ✓ Business Long ✓ �✓ Gray 6/ Pt1/1°�I Marsh t/ � � Kinion G o Petty Tennant Mayor Jordan -7-0 *7,p City Council Meeting: October 15,2013 Subject: Dickson Street Crossing Safety Improvements Motion To: dC� Motion By: Seconded: C. 3 Schoppmeyer New Adams Business Long ✓ Gray ✓ Marsh Kinion Petty Tennant �O Iz Mayor Jordan Subject: Fayetteville Energy Improvement District Motion To: Pte- Motion By: Seconded: C. 4 Schoppmeyer New Adams �✓ �/ Business Long ✓ ✓ Gray �r t "` ✓ Marsh W' ✓ Kinion L®` '^` ✓ Petty ✓ ✓ Tennant Qf65�ry Mayor Jordan City Council Meeting: October 15,2013 Subject: Amend Chapter§71.052 "U" Turns Motion To: Motion By: Seconded: ] AdCw�- C. 5 Schoppmeyer ✓ ✓ New Adams ✓ ✓ ✓ Business Long ✓ ✓ ✓ Gray ✓ Marsh ✓ ✓ V"' nip Kinion ✓ ✓ ✓� ,. Petty '/ '✓ Tennant Mayor Jordan Subject: Amend Chapter 115 Pawnbrokers Motion To: . ;g.�a. C�Sftem Motion By: Seconded: C. 6 Schoppmeyer New Adams Business Long Gray Marsh 441—44J Kinion Frs i- Petty Tennant Mayor Jordan City Council Meeting: October 15,2013 Subject: Boston Mountain Solid Waste District Motion To: ri e Motion By: G (J4 Seconded: k • h k C. 7 Schoppmeyer ,/ r/ New Adams Business Long ✓ Gray ✓ `✓ /* Marsh Vol A Kinion ✓ 601.1° Petty N Al Tennant Mayor Jordan -4 Subject: Amend Rules of Order and Procedure Motion To: Y Motion By: Seconded: C 8 Schoppmeyer f New Adams Business Long Gray ✓ Marsh ,o Kinion Petty Tennant apa. 13 Mayor Jordan 7-D • ayetrLville Departmental CorrespondenceNSAS LEGAL • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk n FROM: Kit Williams, City Attorney DATE: October 16,2013 ` RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of October 15,2013 1. Bid #13-52 Time Striping, Inc.: A resolution awarding Bid #13-52 and authorizing the purchase from Time Striping, Inc. of thermal striping, in variable amounts, for the Transportation Division as needed through the end of calendar year 2014. 2. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the total amount of $269,000.00 to provide funding for solid waste hauling and disposal fees. 3. PPL 13-4404 (Persimmon Street Master Street Plan Right-of-Way/Legacy IV Subdivision): A resolution to approve the dedication of 73 feet of right of way for Persimmon Street along most of the owner's property and to reduce the Master Street right of dedication for this portion of Persimmon Street to 73 feet. 4. VAC 13-4478 (Twin Creeks Village Lot 19134): An ordinance approving VAC 13- 4478 submitted by McClelland Engineering Consulting for property located at 163 Van Asche Loop, to vacate a portion of a drainage easement, a total of 0.03 acres. 5. ADM 13-4487 (Links at Fayetteville PZD Modification#3): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to revise the zoning criteria for Planning Area One, to include Use Unit 18, Gasoline Service Stations and Drive-in/Drive Through Restaurants, as a permitted use, and to revise the architectural design standards at the northeast corner of Wedington Drive and Golf Club Drive. 6. Dickson Street Crossing Safety Improvements: A resolution expressing the intent of the City of Fayetteville to enter into a cost-share agreement with Arkansas & Missouri Railroad Co. for crossing safety improvements at the Dickson Street Railroad Crossing, contingent upon approval by Arkansas & Missouri Railroad Co. of Amendment No. 1 to the 2008 trail license agreement and not unreasonably withholding assent to future trail easements for the City. 7. Fayetteville Energy Improvement District: An ordinance creating a Property Assessed Energy Improvement District coextensive with the City of Fayetteville named "Energy Improvement District No. 1" to facilitate a PACE program and adopting certain provisions related thereto. 8. Amend Chapter §71.052 "U" Turns: An ordinance to repeal §71.052 "U" Turns and to enact a new §71.052 "U" Turns into the Fayetteville Code to permit "U" Turns on streets with medians. 9. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council A. City Council meetings 7. Presentation of Agenda Items by adding a new subsection a. Agenda items not included within the Tentative Agenda packet. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting October 15, 2013 A meeting of the Fayetteville City Council will be held on October 15, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the October 01, 2013 City Council meeting minutes. 2. Bid #13-52 Time Striping, Inc.: A resolution awarding Bid #13-52 and authorizing the purchase from Time Striping, Inc. of thermal striping, in variable amounts, for the Transportation Division as needed through the end of calendar year 2014. 3. Solid Waste Hauling and Disposal Fees: A resolution approving a budget adjustment in the total amount of $269,000.00 to provide funding for solid waste hauling and disposal fees. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: 1. Amend §164.11 Height and Setback Regulations; Exceptions: An ordinance to Amend §164.11 Height and Setback Regulations; Exceptions to enhance livability through appropriate transitions in building scale and to protect access to air and sunlight and to enact an emergency clause. This ordinance was left on the First Reading at the September 17, 2013 City Council meeting. This ordinance was left on the Second Reading at the October 01, 2013 City Council meeting. Left on the Second Reading 2. PPL 13-4404 (Persimmon Street Master Street Plan Right-of-Way/Legacy IV Subdivision): A resolution to approve the dedication of 70 feet of right of way for Persimmon Street along most of the owner's property as recommended by the Planning Commission. This resolution was tabled at the October 1, 2013 City Council meeting to the October 15, 2013 City Council meeting. Resolution was Tabled 3. RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go): An ordinance rezoning that property described in rezoning petition RZN 13-4467, for approximately 1.65 acres located at the northwest corner of Mount Comfort Road and Shiloh Drive from R-A, Residential Agricultural and RSF-4, Residential Single-Family, 4 units per acre, to C-1, Neighborhood Commercial. This ordinance was left on the First Reading at the October 01, 2013 City Council meeting. Left on the First Reading C. New Business: 1. VAC 13-4478 (Twin Creeks Village Lot 19114): An ordinance approving VAC 13- 4478 submitted by McClelland Engineering Consulting for property located at 163 Van Asche Loop, to vacate a portion of a drainage easement, a total of 0.03 acres. 2. ADM 13-4487 (Links at Fayetteville PZD Modification #3): An ordinance amending a Residential Planned Zoning District entitled R-PZD 07-2452 Links at Fayetteville to revise the zoning criteria for Planning Area One, to include Use Unit 18, Gasoline Service Stations and Drive-in/Drive Through Restaurants, as a permitted use, and to revise the architectural design standards at the northeast corner of Wedington Drive and Golf Club Drive. 3. Dickson Street Crossing Safety Improvements: A resolution expressing the intent of the City of Fayetteville to enter into a cost-share agreement with Arkansas & Missouri Railroad Co. for crossing safety improvements at the Dickson Street Railroad Crossing, contingent upon approval by Arkansas & Missouri Railroad Co. of Amendment No. 1 to the 2008 trail license agreement and not unreasonably withholding assent to future trail easements for the City. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Fayetteville Energy Improvement District: An ordinance creating a Property Assessed Energy Improvement District coextensive with the City of Fayetteville named "Energy Improvement District No. 1" to facilitate a PACE program and adopting certain provisions related thereto. 5. Amend Chapter §71.052 "U" Turns: An ordinance to repeal §71.052 "U" Turns and to enact a new §71.052 "U" Turns into the Fayetteville Code to permit "U" Turns on streets with medians. 6. Amend Chapter 115 Pawnbrokers: An ordinance amending Chapter 115: Pawnbrokers of the Code of Fayetteville, renaming it to Chapter 115: Pawnbrokers and Secondhand Dealers, requiring licensure of secondhand dealers and requiring electronic reporting of certain items purchased by secondhand dealers. 7. Boston Mountain Solid Waste District: An ordinance waiving the requirements of formal competitive bidding and approving a contract with the Boston Mountain Solid Waste District in the amount of$25,000.00 for an environmental and recycling education program. 8. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council A. City Council meetings 7. Presentation of Agenda Items by adding a new subsection a. Agenda items not included within the Tentative Agenda packet. D. City Council Agenda Session Presentations: E. City Council Tour: 1. December 2, 2103 —4:00 PM—Mt. Kessler F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Taveiemae Page 1 of 16 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Afl KANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director Date: October 04, 2013 Subject: Building Height Amendments BACKGROUND Council member Sarah Marsh has proposed building height amendments for the City Council to consider. The original ordinance created a 15-foot setback from all single family residences, with a series of building height stepbacks to allow for light and air into adjacent residential properties. After significant discussion with Council members Marsh and Matthew Petty, as well as local architects, downtown property owners, downtown residents and members of the development community over the past few weeks, a significantly different proposal has been drafted by Ms. Marsh and is submitted for Council consideration. A rough draft of this proposal was distributed at the previous Council meeting; this draft has been refined with input from various stakeholders and is attached. PROPOSAL There is no longer a single family use associated with the side or rear setback and building height amendment proposal, based on the current reasons stated for instituting these regulations, which are to provide transition in building scale to promote compatibility of new development and existing structures, to protect rights to sunlight and room for air and wind, to mitigate harmful effects such as mold and allow for trees and plants to grow, and to allow for solar access for alternative energy purposes. All of these same concerns, it could be argued, apply to office, commercial and other uses in addition to single family homes. Amend Ch. 161,Zoning Regulations Setback All of the following zoning districts with 0-foot side and rear setbacks are proposed to be amended to add a minimum 5-foot side and rear setback. There are a few exceptions to this rule, chiefly 1) if there is no building developed adjacent to the property being developed; 2) if an adjacent building is already within 5 feet of the common property line; and 3) if the same property owner owns the adjacent property on the common boundary line. C-1— Neighborhood Commercial C-3—Central Commercial CS - Community Services DC—Downtown Core C-2 -Thoroughfare Commercial MSC— Main Street Center UT- Urban Thoroughfare DG — Downtown General B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Taveiemae Page 2 of 16 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Afl KANSAS Building Height At the 5-foot setback from side and rear property lines (or between 0 and 5 feet, if the conditions allow for it), the maximum height is the height of the structure on the adjacent property or 36 feet, whichever is greater. This permits standard 12-foot floor to floor height dimensions utilized in commercial construction. Once the maximum height is achieved, there is a required additional 10-foot setback, for a total setback of 15 feet. This essentially creates an initial maximum height between 5-15 feet from the side/rear property line. Past the 15-foot setback line, a building may go up to 60 feet in height, again based on typical 12-foot floor to floor heights, which would allow 5 (or 6 smaller) stories. Individual balconies, awnings, overhangs and other similar architectural features that protrude from the building fagade are permitted to a depth of 6 feet into setback zones. The maximum height in all of these above zones is amended to 60 feet. However, a height bonus system has been created; for zones that reference heights above 60 feet, there are supplementary requirements that must be met. In each zone that permits this, there is a reference to §164.11 for the supplementary standards. Amend Ch. 164.11 Height Regulations; Exceptions This proposal attempts to regulate building height above the maximum 60 feet, requiring certain additional standards to be met. They include wider sidewalks based on the height of the building, creation of a 30-foot setback above 60 feet from all property lines, the requirement for residential uses, LEED Gold building standards, requirement to cover a parking garage with a liner building at street level, and some architectural embellishment when the side of a building is adjacent to another building. Amend Ch. 156.02 (F)Variances, Specific tests A statement has been added that the Planning Division or Board of Adjustment may require the applicant to provide a visual impact analysis and/or a sun/shadow study, as needed, to determine if there is an adverse impact on neighboring properties, if there is a variance requested B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 3 of 16 DRAFT v.6 10/04/2013 Insert Ordinance here (Kit) B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 4 of 16 161.16 Neighborhood Services Single-family 4,000 sq.ft. (A) Purpose. The Neighborhood Services Two-family or more 3,000 sq. ft. of lot area district is designed to serve as a mixed use area per dwelling unit of low intensity. Neighborhood Services promotes All other permitted a walkable, pedestrian-oriented neighborhood and conditional None development form with sustainable and uses complementary neighborhood businesses that are compatible in scale, aesthetics, and use with (E) Setback regulations surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. Front: A build-to zone that is located between 10 and 25 feet from the (B) Uses front property line. Side 5 feet (1) Permitted uses Rear 15 feet Unit 1 City-wide uses by right (F) Building height regulations. Unit 8 Single-family dwellings Unit 9 Two-family dwellings Building Height Maximum 145 ft.* Unit 10 Three-family dwellings Unit 12 Limited Business *Any building which exceeds the height of 20 Unit 24 Home occupations feet shall be set back from a boundary line of Unit 41 Accessory dwelling units any single family residential district a distance of one foot for each foot of height in Note: Any combination of above uses is excess of 20 feet. permitted upon any lot within this zone. Conditional uses shall need approval when (G) Building area. On any lot, the area combined with pre-approved uses. occupied by all buildings shall not exceed 60%of the total area of the lot. (2) Conditional uses Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 36 Wireless communication facilities* Unit 40 Sidewalk cafes (C) Density. Units per acre 10 or less (D) Bulk and Area (1) Lot width minimum Single-family 35 feet Two-famil 70 feet Three or more 90 feet All other uses None (2) Lot area minimum. B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 5 of 16 161.18 District C-1, Neighborhood foot for each foot of height in excess of 20 Commercial feet. (A) Purpose. The Neighborhood (G) Building area. On any lot the area occupied Commercial District is designed primarily to by all buildings shall not exceed 40% of the provide convenience goods and personal total area of such lot. services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 25 Offices, studios, and related services (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping oods Unit 34 Liquor stores Unit 35 Outdoor music establishments' Unit 36 Wireless communications facilities` Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed 50 ft. between the right-of-way and the building Side Nese 5 feet Side, when contiguous to a 10 ft. residential district Rear 20 ft. (F) Building height regulations. FFBuilchng Height Maximum 15660ft.- 'Any building which exceeds the height of 20 feet shall be setback from any boundary line of any residential district a distance of one B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 6 of 16 161.19 Community Services (D) Bulk and area regulations. (A) Purpose. The Community Services (1) Lot width minimum. district is designed primarily to provide convenience goods and personal services for Dwellin 18 ft. persons living in the surrounding residential All others None areas and is intended to provide for adaptable mixed use centers located along commercial (2) Lot area minimum. None corridors that connect denser development nodes. There is a mixture of residential and (E) Setback regulations. commercial uses in a traditional urban form with buildings addressing the street. For the purposes Front: A build-to zone that is of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent located between 10 of this zoning district is to provide standards that feet and a line feet enable development to be approved from the front property administratively. line. Side and rear: Nese 5 feet (B) Uses. Side or rear, when 15 feet contiguous to a single- (1) Permitted uses. family residential district: Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities (F) Building Height Regulations. Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces 10-15 feet from front Maximum 36 feel Unit 15 Nei hborhood Shopping oods property line Unit 18 Gasoline service stations and drive- 0-15 feet from side and Maximum 36 ft. or in/drive through restaurants rear property line the height of the Unit 24 Home occu ations adjacent building, Unit 25 Offices, studios and related services whichever is grealer' Unit 26 Multi-family dwellings 15 feet + from all Maximum 60 feet2 property lines Note: Any combination of above uses is permitted upon any lot within this zone. (1) The height of an adjacent building may Conditional uses shall need approval when only be utilized for this calculation if it is combined with pre-approved uses. located on the common side or rear property line being developed. (2) Conditional uses. (2)Individual balconies, awnings, overhangs Unit 2 City-wide uses by and other similar architectural projections 6 conditional use permit feet or less in depth are permitted forward of Unit 3 Public protection and utility facilities the building fagade. Unit 14 Hotel, motel and amusement services (G) Minimum buildable street frontage. 50% of Unit 16 Shoppin oods the lot width. Unit 17 Transportation,trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 7 of 16 161.20 District C-2,Thoroughfare Commercial Front 15 ft. Front, if parking is allowed 50 ft. (A) Purpose. The Thoroughfare between the right-of-way and the Commercial District is designed especially to building encourage the functional grouping of these Side Nene-5 feet commercial enterprises catering primarily to Side,when contiguous to 15 ft. highway travelers. a residential district (B) Uses. Rear 20 ft. All property lines 30 ft.for (1) Permitted uses. portions of a building over Unit 1 City-wide uses by right 60 ft.in hei ht Unit 4 Cultural and recreational facilities Unit 5 Government Facilities (F) Building height regulations. Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities guildin Hei ht Maximum I 60/75-ft* Unit 16 Shopping oods Unit 17 Transportation trades and services `Any building which exceeds the height of 20 Unit 18 Gasoline service stations and drive- feet shall be set back from a boundary line of in/drive through restaurants any residential district a distance of one foot for Unit 19 Commercial recreation, small sites each foot of height in excess of 20 feet. Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services (G) Building area. On any lot, the area Unit 33 Adult live entertainment club or bar occupied by all buildings shall not exceed 60% of Unit 34 Liquor store the total area of such lot. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit Warehousing and wholesale 21 Unit Center for collecting recyclable 28 materials Unit Dance Halls 29 Unit Sexually oriented business 32 Unit Outdoor music establishments 35 Unit Wireless communications facilities 36 Unit Mini-storage units 38 Unit Sidewalk Cafes 40 Unit Clean technologies 42 Unit Animal boarding and training 43 (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 8 of 16 161.21 Urban Thoroughfare Unit 40 Sidewalk cafes Unit 42 Clean technologies (A) Purpose. The Urban Thoroughfare District is Unit 43 Animal boarding and training designed to provide goods and services for persons living in the surrounding (C) Density. None communities. This district encourages a concentration of commercial and mixed use (D) Bulk and area regulations. development that enhances function and appearance along major thoroughfares. (1) Lot width minimum Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the Single-family dwelling 18 feet purposes of Chapter 96: Noise Control, the All other dwellings None Urban Thoroughfare district is a commercial Non-residential None zone. The intent of this zoning district is to provide standards that enable development (2) Lot area minimum. None to be approved administratively. (E) Setback regulations. (B) Uses. Front: A build-to zone that is (1) Permitted uses located between 10 feet and a line 25 feet Unit 1 City-wide uses by right from the front property Unit 4 Cultural and recreational facilities line. Unit 5 Government facilities Side and rear: Nene 5 feet Unit 8 Single-family dwellings Side or rear, when 15 feet Unit 9 Two-family dwellings contiguous to a single- Unit 10 Three-family dwellings family residential Unit 13 Eating laces district: Unit 14 Hotel, motel and amusement services All property lines 30 ft.for portions of a Unit 16 Shopping goods building over 60 ft.in Unit 17 Transportation trades and services height Unit 18 Gasoline service stations and drive- (F) Building height regulations. in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupationsht 56 69444± Unit 25 Offices, studios, and related services Unit 26 Multi-famil dwellin s Unit 34 Liquor store 10-15 feet from front Maximum 60 feet Unit 41 Accessory Dwellings property line 0-15 feet from side and Maximum 36 feet or Note: Any combination of above uses is rear property line the height of the permitted upon any lot within this zone. adjacent building, Conditional uses shall need approval when whichever isgreater' combined with pre-approved uses. 15 feet + from all Maximum 60 feet' property lines (2) Conditional uses I Building Height Bonus 84 feet3 Unit City-wide uses by conditional use (1) The height of an adjacent building may permit only be utilized for this calculation if it is Unit 3 Public protection and utility facilities located on the common side or rear property Unit 20 Commercial recreation, large sites line being developed. Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable (2)Individual balconies, awnings, overhangs materials and other similar architectural projections 6 Unit 29 Dance halls feet or less in depth are permitted forward of Unit 33 Adult live entertainment club or bar the building fagade. Unit 35 Outdoor music establishments (3)Building height may be permitted up to 84 Unit 36 Wireless communication facilities feet, pursuant to §164.11 Height or Setback Unit 38 Mini-storage units Regulations and Exceptions. B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 9 of 16 *A buildigg or a eMieS gf a buildigg that nF Way Ilse Shall have a FAaYjFAUFA height Of 56 feet A buildiRly S SMIOR eF a building este. street Slag dght_of_way Shall have-a maximum height SF DA Feet ARy huildigg that a ads the height of-29 of a single Familia Sidential diStFiet of height OR 8XG866 of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. B. 1 Amend§164.11 Height and Setback Regulations;Exceptions Page 10 of 16 161.22 District C-3, Central Commercial Side,when contiguous to a (A) Purpose. The Central Commercial District is residential designed to accommodate the commercial district 10 ft. 25 ft. and related uses commonly found in the Rear,without central business district, or regional easement or shopping centers which provide a wide alley 15 ft. 25 ft. range of retail and personal service uses. Rear,from center line of a (B) Uses. public alley 10 ft. 10 ft. All property lines 30 ft.for 30 ft.for (1) Permitted uses. portions of a portions of a building over building over Unit 1 City-wide uses by right 60 ft. in 60 ft.in height Unit 4 Cultural and recreational facilities I height Unit Government facilities Unit 13 Eating places (F) Building height regulations. Unit 14 Hotel, motel, and amusement facilities {gq.{C Unit 16 Shopping oods Unit 18 Gasoline service stations&drive-in *n building OF .. pedion of ^ bwild:...- that :.. restaurants Unit 19 Commercial recreation, small sites ^^«• ^^ ^ a6ter et.^et ^le^ Fight- Unit 25 Offices, studios, and related a maximum height services cc feet.et n building OF a POFtiOR of a build:...- Unit 26 Multi-family dwellings that me IaGated gFeateF than IS feet ftFn the Unit 34 Liquor stores master street plan dght of•rasey Imine shall Unit 44 Cottage Housing Develo ment (2) Conditional uses. 5-15 feet from front Maximum 60 feet Unit 2 City-wide uses by conditional use property line permit 0-15 feet from side and Maximum 36 feet or Unit 3 Public protection and utility facilities rear property line the height of the Unit 17 Transportation trades and services adjacent building, Unit 28 Center for collecting recyclable whichever isgreater' materials 15 feet + from all Maximum 60 feet' Unit 29 Dance Hallsroe lines Unit 35 Outdoor music establishments Building Height Bonus 84 feet3 Unit 36 Wireless communications facilities Unit 40 Sidewalk Cafes (1) The height of an adjacent building may Unit 42 Clean technologies only be utilized for this calculation if it is located on the common side or rear property (C) Density. None. line being developed. (2)Individual balconies, awnings, overhangs (D) Bulk and area regulations. None and other similar architectural projections 6 feet or less in depth are permitted forward of (E) Setback regulations. the building facade. Central (3)Building height may be permitted up to 84 Business Shopping feet, pursuant to §164.11 Height or Setback District Center Regulations and Exceptions. Front 5 ft. 25 ft. Front, if parking is allowed between the right-of-way and the buildin 50 ft. 50 ft. Side Nene 5 feet Ngne-5 feet